Understanding Real Estate Forfeiture

At Rucci Law, we understand the immense stress and fear associated with facing government allegations of property forfeiture. Real estate forfeiture – the seizure of your property by the government – often stems from allegations of involvement in criminal activity, even if you haven’t been formally charged with a crime. The government’s power to seize assets is a serious matter, and it’s crucial to understand your rights and the legal process.

Often, forfeiture proceedings are initiated under laws like 18 U.S. Code § 981 (civil forfeiture) or state asset forfeiture statutes. These laws permit the government to take property believed to be connected to criminal activity, regardless of your own criminal involvement.

Your Constitutional Rights in Forfeiture Cases

The government’s ability to seize property is not unlimited. Your rights under the Fifth and Fourteenth Amendments – due process and equal protection – are heavily implicated in forfeiture cases. Specifically, the government must demonstrate a strong connection between your property and the criminal activity they allege. This requires:

• Probable Cause: The government must present sufficient evidence to establish probable cause that your property is linked to a crime.
• Adverse Presumption: The government bears the burden of proving that your property is connected to illegal activity, rather than you proving it isn’t.
• Fair Hearing: You are entitled to a full and fair hearing, including the right to present evidence and cross-examine witnesses.

Common Grounds for Forfeiture Defense – A Rucci Law Approach

At Rucci Law, we aggressively challenge forfeiture claims by focusing on several key areas:

• Lack of Connection: We scrutinize the government’s evidence, seeking to demonstrate a lack of a direct or substantial connection between your property and the alleged crime.
• Unlawful Seizure: We investigate potential procedural errors in the forfeiture process, arguing that the government acted illegally.
• Exclusion of Evidence: We challenge the admissibility of illegally obtained evidence.

Don’t wait until the government moves to seize your property. Contact Rucci Law today for a confidential consultation. We’re dedicated to protecting your property rights and fighting for your future.